Unlawful Detainer

I am not a lawyer, I am a judgment referral expert (Judgment Broker).
This article is my opinion about unlawful detainer judgments. This
article is based on my experience in California. Laws vary in each state,
and nothing in any of my articles should ever be considered legal advice.

Unlawful detainer judgments (housing enforcement judgments)
are awarded when someone does not pay their
rent or fulfill the terms of their lease. This usually results in a court
judgment for unpaid rent and sometimes damages to a property. When
compared to other kinds of civil judgments, unlawful detainer judgments
have 5 differences:

1) It is usually easier to identify the correct debtor. A big problem with
most judgments is the debtor's social security number and date of birth
are not on judgments. If the debtor has a common name, it can be difficult
to enforce a judgment against them.

Usually, landlords know the debtor's social security number, their date of
birth, and some previous addresses. One must be very aware of, and comply
with all privacy laws on keeping social security numbers private. However,
knowing the debtor's social security number is very important as often
it is the only way to know for sure you have the right judgment debtor,
and checking
the bankruptcy status of a judgment
debtor. One must never violate a debtor's bankruptcy-discharged debts.

Note that some landlords get temporarily blinded by cash. When a renter
pays cash for the deposit and first two month's rent (or more),
some landlords are
happy - and sometimes does not check references, employers, or pull a
credit report. Sometimes the renter never pays a dime more, and they are
sued for unlawful detainer. The problem is that some debtor write on forms
that their name was Jim Smith, however that was not their actual name. The
landlord was blinded by cash, and so the unlawful detainer judgment will
never be enforced.

2) The debtors are usually poorer, as least they were near the time of the
judgment. People with money usually do not skip out on rent or leases.
When the economy was doing well, it was common for debtor to have improved
situations over time. Even now, sometimes debtors inherit money or get
jobs, so their unlawful detainer judgments are not worthless. However, it is not
a good sign that the debtor was broke or a scoundrel at the time of the
judgment.

3) Landlords often are more likely to have more than one judgment. Some
landlords enforce their own judgments, and only offer their most difficult
judgments to judgment enforcers.

4) Unlawful detainer judgments are more likely to have debtors who claim
they do not owe money on the judgment. There are several ways this can
happen. For example, Bob, Joe, and Jack rented a house, all had jobs and
good credit scores. As time went by, Joe moves out and Bob and Jack say
"they will cover the rent, don't worry".

Later, there is an unlawful detainer judgment, where Bob, Joe, and Jack
are all named as being liable. Joe got notice of the complaint by mail,
but tossed it out as "he knew" it was not his problem. However, a default
judgment will be entered, and Joe will become a judgment debtor. When a
judgment is enforced against Joe, Joe may believe he does not owe money on
the judgment.

5) Unlawful detainer judgments are for mostly rents and leases, so they
are usually less than $10,000. Many unlawful detainer judgments are for
amounts much less than that. However, they are not usually allowed in
small claims courts. Even if the judgment is only $300, it usually must be
heard in a civil court.

Besides these 5 differences, unlawful detainer judgments are just like all
other civil judgments. May your judgment be collected.